Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Bangladesh Rifles (Special Provisions) Ordinance, 1976 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Sections 4, 5, 6, 7, 8 |
The High Court Division upon hearing the parties discharged the Rule with a direction to pay all financial benefit to him–– Notably, in section 4 and 5 of the Ordinance, 1976 the various offenses and the provisions of punishment have been spelt out chronologically. According to section 6, if Bangladesh Rifle’s any member commits any criminal offense, then after holding an inquiry and giving him opportunity for self-defense any penalty prescribed in Section 5 can be imposed. Against the said penalty appeal can also be filed before the appropriate authority as per Section 7 of the Ordinance, 1976. But according to the provision of Section 8, it appears that if any member of Bangladesh Rifles is inconvenient to be retained in service or contrary to the interests of Bangladesh Rifles, the appropriate authority without assigning any reason can discharge him from his service or send him for premature retirement with service benefits. Since the order of termination has been passed under section 8 of the Ordinance, 1976 it would be not punitive and it must be assumed that the respondent No. 1 has been discharged from the service of Bangladesh Rifles though the Bengali term “বহিস্কার” has been used there for the word ‘discharge’ inappropriately. So, whatever submissions in this regard of the learned Advocate for the respondent does not hold good being falacious one. But the respondent No. 1 could be entitled to get the financial benefits following the above provisions of law. However, Appellate Division would like to note that in future, Bangladesh Rifles authorities will try to use the correct Bengali synonym of ‘discharge’ to resolve this doubt. .....Ministry of Home Affairs, BD =VS= Md. Abdul Mannan, (Civil), 2024(1) [16 LM (AD) 453] ....View Full Judgment |
Ministry of Home Affairs, BD =VS= Md. Abdul Mannan | 16 LM (AD) 453 |
Sections 6, 8, 9 |
Bangladesh Rifles (Special Provisions) Ordinance, 1976 (BDR Ordinance)
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Ministry of Home Affairs, Bangladesh =VS= Md. Golam Mostafa | 14 LM (AD) 86 |
Section 8 |
Competent authority to dismiss a Havildar from service—
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Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs Vs. Md. Anwar Hossain | 15 MLR (AD) 515 |